Supreme Court Approves Divorce for Jammu and Kashmir Chief Minister Omar Abdullah
Supreme Court Grants Divorce Approval
On Friday, the Supreme Court granted approval for the divorce of Omar Abdullah, the Chief Minister of Jammu and Kashmir, and his estranged wife, Payal Abdullah. The court acknowledged the arguments presented by both parties, stating that they are content in their respective lives. Senior advocate Kapil Sibal, representing the National Conference leader, made the case before the court.
Sibal informed the court that a petition for divorce had been filed under Article 142 of the Constitution, as both parties had reached an amicable resolution. The bench, comprising Justice P.S. Narasimha and Justice Alok Aradhe, remarked, 'We will incorporate this into our order and resolve it accordingly.' A formal order will be issued by the bench. Sibal further stated, 'Both have accepted their freedom.'
The matter has been resolved, and a petition under Article 142 has been submitted. The honorable judges can grant the divorce,' he added. The bench inquired about the date the petition was filed, to which it was revealed that it was submitted on July 22.
Sibal mentioned, 'All other matters will be withdrawn. This has been detailed in the application.' The bench was hearing two petitions, one of which was filed by Omar Abdullah seeking divorce on grounds of cruelty. The Supreme Court had previously sought a response from Payal Abdullah regarding Omar Abdullah's petition challenging an order from the Delhi High Court, scheduled for July 2024.
On December 12, 2023, the High Court dismissed Omar Abdullah's divorce petition, stating that his appeal lacked merit. The court upheld a 2016 Family Court order that denied him a divorce decree. The Family Court had rejected Omar Abdullah's petition on August 30, 2016.
The court noted that he failed to substantiate his claims of 'cruelty' or 'desertion,' which were the grounds he cited for seeking a divorce decree. In his divorce petition, Omar Abdullah claimed that their marriage had completely broken down and that there had been no marital relations since 2007; additionally, the couple had been living separately since 2009 after their marriage on September 1, 1994. The petition filed in the subordinate court also alleged that Payal had engaged in 'improper conduct' towards Omar Abdullah, causing him distress and harassment.
In August 2023, a single judge bench of the Delhi High Court ordered Omar Abdullah to pay his estranged wife an interim maintenance of ₹1.5 lakh per month. He was also directed to provide ₹60,000 monthly for the education of each of their two sons. This order from the High Court came in response to petitions filed by Payal Abdullah and their sons against the subordinate court's orders from 2018.
These orders had stipulated that he pay Payal ₹75,000 and an interim maintenance of ₹25,000 until the children reached adulthood.